Lesson Plan XVIII: Mistake of Law

Question 1

What are the policy rationales behind Mistake of Law?

Answer 1

• allowing it would cause serious evidential problems (answer - courts have to do this anyway, like with Mens Rea)
• would encourage ignorance where knowledge is socially desirable (answer - saying that people need to know the law or be punished is inconsistent with notion that innocent shouldn’t be punished)
• every person would infringe the principle of legality and contradict moral principles underlying the law (answer - criminal law isn’t synonymous with morality)
• ignorance of the law is blameworthy in itself (answer - can any of us really say we know all the law?)

Question 2

What is the importance of R v Jorgensen?

Answer 2

Key Facts: Police charged owner of film store with obscenity with adult films. All films approved by Film Review Board.

Ratio:
- Presumption that a citizen knows the law is unreasonable
- officially induced error of law exists as an exception to the rule that ignorance of the law is no excuse